SAN ANTONIO — According to a lawsuit filed in the U.S. District Court Western District in Austin, San Antonio Spurs‘ Victor Wembanyama has filed a lawsuit, through DLA Piper LLP law firm, against James T. Glodich, the owner of “Wemby’s World” website.
The lawsuit’s core issue is Glodich’s use of Wembanyama’s likeness, image, and name in merchandise sales without prior authorization.
The lawsuit says on August 1, 2023, Glodich filed a federal trademark application for EL WEMBY for “[s]hirts for El Wemby; [h]ooded sweatshirts; [t]-shirts for El Wemby.”
Back on Oct. 24 of last year, the day before Wembanyama’s NBA debut, Glodich filed a federal trademark application for WEMBY’S WORLD for “retail good services.”
Moreover, on April 4, 2024, the United States Patent and Trademark Office issued an Office Action against Glodich’s application for EL WEMBY, refusing registration because Glodich’s mark “consists of or includes matter that may falsely suggest a connection with Victor Wembanyama, commonly referred to as ‘WEMBY.’”
On June 7, 2024, the USPTO issued an Office Action against Glodich’s application for WEMBY’S WORLD, again refusing registration because Glodich’s mark “consists of or includes matter that may falsely suggest a connection with Victor Wembanyama, commonly referred to as ‘WEMBY.’”
However, Glodich registered the domain name www.wembysworld.com and sold merchandise with unauthorized products bearing Wembanyama’s likeness.
Several cease and desist letters were sent to Glodich but were ignored, and merchandise was still being sold.
According to the lawsuit, Wembanyama is seeking injunctive relief restraining and enjoining Glodich and his agents from selling unauthorized merchandise, a complete accounting of all amounts due and owing to Wembanyama to pay Wembanyama’s damages, any and all.
KENS 5 has reached out to the owner of “Wemby’s World” website and is awaiting a response.
A jury trial was requested.